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Debt Purchase Agreement
1. Parties: Identification of the seller and purchaser of the debt, including full legal names and registration details
2. Background: Context of the transaction, including brief description of the debt portfolio and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale and Purchase: Core transaction terms, including description of debt being sold and purchased
5. Purchase Price: Details of the purchase price, payment terms, and any adjustments
6. Completion: Conditions precedent, completion mechanics, and timing
7. Representations and Warranties: Seller's and purchaser's representations regarding the debt and their capacity to enter into the agreement
8. Transfer and Assignment: Legal mechanics for transferring the debt and related rights
9. Data Protection: GDPR compliance provisions and data handling requirements
10. Confidentiality: Confidentiality obligations regarding the transaction and debtor information
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
13. Execution: Signature blocks and execution requirements
1. Regulatory Compliance: Additional regulatory requirements if either party is a regulated entity
2. Servicing Arrangements: Include if there are ongoing servicing arrangements for the debt portfolio
3. True Sale Provisions: Detailed provisions ensuring true sale treatment, particularly important for regulated entities
4. Consumer Protection: Additional provisions if the debt portfolio includes consumer debt
5. Anti-Money Laundering: Specific AML provisions if required by the nature of the transaction or parties
6. Post-Completion Obligations: Any ongoing obligations after completion, such as information sharing or cooperation
7. Transfer of Security: Include if any security interests are being transferred with the debt
8. Tax Provisions: Specific tax-related provisions if there are significant tax implications
1. Debt Portfolio Schedule: Detailed list and description of all debts being purchased, including account details, outstanding amounts, and status
2. Form of Transfer Documents: Templates for any transfer documentation required to effect the sale
3. Completion Checklist: List of all documents and actions required for completion
4. Excluded Debts: List of any specifically excluded debts or categories of debt
5. Related Security: Details of any security interests associated with the debt
6. Required Notices: Forms of notices required to be sent to debtors or other parties
7. Data Fields: Specification of data fields and format for debt information transfer
8. Power of Attorney: Form of power of attorney if required for debt collection
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